The October 29 decision comes after a federal district court ordered registration for the fiscal year 2027 program to begin by November 1. The dispute concerns a program that makes up to 55,000 visas available annually to people from countries with historically low immigration rates to the United States.
Appeals Court Suspends Order To Reopen Visa Registration
A three-judge panel of the 9th U.S. Circuit Court of Appeals granted the government’s emergency request to suspend a preliminary injunction issued on October 14.
According to Newsweek, the injunction followed a lawsuit filed in August by Red Eagle Law, a California immigration firm representing Diversity Visa selectees. The firm challenged Secretary of State Marco Rubio over the department’s failure to open registration for fiscal year 2027.
The district court had ordered the State Department to announce the registration period by October 29, begin accepting entries by November 1, and notify selected applicants of their eligibility to apply by December 3.
Those requirements are now on hold while the government’s appeal proceeds. The appeals court emphasized that its decision did not resolve the underlying case.
“We do not endorse the Department’s failure to open the lottery registration period,” the panel wrote. It nevertheless found that Red Eagle had not demonstrated a likelihood of success because the firm’s interests were not protected by the relevant statute.
Circuit Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas granted the stay. Smith separately argued that the firm also lacked constitutional standing.
The court said the Diversity Visa program was established to encourage immigration rather than generate revenue for law firms. It found that Red Eagle’s financial interest in representing applicants was insufficiently connected to the law’s intended purpose.
Diversity Visa Program Remains Suspended Amid Further Legal Challenges
The Diversity Visa Program originated from congressional efforts during the 1980s to expand immigration opportunities for nationals of countries underrepresented in the United States.
Congress established the permanent program through the Immigration Act of 1990, signed by former GOP President George H.W. Bush on November 29 of that year.
According to Newsweek, the appeals court acknowledged that the State Department had failed to open fiscal year 2027 registration without providing an explanation, effectively canceling that year’s lottery.
The continued suspension affects prospective applicants seeking an opportunity to pursue permanent residency through the program.
The dispute also comes as the Trump administration pursues tighter legal immigration policies, including increased scrutiny of certain green card applications, higher immigration-related fees, and proposed restrictions on the H-1B skilled-worker program.
Curtis Morrison, owner of Red Eagle Law, told Newsweek that the firm intends to pursue additional legal action challenging the department’s handling of the lottery.
“Red Eagle will be moving forward quickly with other litigation to challenge the State Department’s failure to carry out the DV program,” Morrison said.
The firm is seeking a noncitizen living in the United States on an F-1, H-1B, or another nonimmigrant visa who would be willing to participate in a new lawsuit.
The appeals court has directed its clerk to establish a briefing schedule for the government’s appeal. For now, the order requiring the reopening of registration remains suspended.
